The Waning Viability Of The Patent-Misuse Defense

Law360, New York (September 27, 2010, 3:49 PM EDT) -- The Federal Circuit has substantially narrowed the patent-misuse defense with its recent en banc decision in Princo Corporation, v. Int’l Trade Comm’n, Case No. 2007-1386 (Aug. 30, 2010).

Both by making clear the limited conduct that may constitute patent misuse and by articulating a high standard regarding what type of effects that conduct must have for the defense to be invoked successfully, the Federal Circuit in Princo further constricted an already limited defense.

Indeed, one could surmise that, following Princo, conduct underlying any patent-misuse defense may...
To view the full article, register now.